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Wednesday, February 13, 2008

Ind. Decisions - Court of Appeals issues 1 today (and 10 NFP)

For publication opinions today (1):

In Todd H. Phillips v. Dee Anne (Phillips) Delks , a 19-page opinion, Judge Vaidik writes:

Todd H. Phillips (“Husband”), pro se, appeals the trial court’s finding that he is in contempt of the Decree of Dissolution of Marriage, which dissolved his marriage to former wife Dee Anne (Phillips) Delks (“Wife”), for failing to immediately cure the deficiencies on the parties’ rental properties and to timely complete other obligations under the parties’ settlement agreement. He also appeals the trial court’s award of $25,000.00 for damage to Wife’s credit. We affirm the trial court’s contempt finding but reverse the award of damages because Wife offered no evidence in support of her damages claim. We therefore affirm in part, reverse in part, and remand for a calculation of reasonable appellate attorney fees in favor of Wife.
NFP civil opinions today (3):

In Brotherhood Mutual Ins. Co. a/s/o Capital City Baptist Church v. Nathan and Jacqueline Laube d/b/a Laube Construction (NFP), a 5-page opinion, Judge Najam writes:

Brotherhood Mutual Insurance Company (“Brotherhood”) appeals from the trial court’s denial of its motion to correct error following a judgment in favor of Jacqueline Laube. Brotherhood presents a single dispositive issue for our review, namely, whether the trial court erred when it set aside a default judgment against Jacqueline. We reverse and remand with instructions. * * *

Here, there is no question that Trial Rule 60(A) is inapplicable. The record shows that Jacqueline did not file a Trial Rule 60(B) motion or any other pleadings with the trial court. Further, at no time did the trial court notify the parties that it was considering Jacqueline’s testimony at the damages hearing as support for setting aside the default judgment under Trial Rule 60(B). Without any motion or notice of a Trial Rule 60(B) hearing, the trial court had no authority to set aside the default judgment against Jacqueline. See id.

We hold that the trial court erred as a matter of law when it set aside the default judgment entered against Jacqueline on May 9, 2007, and we remand with instructions to reinstate the default judgment, and for such other proceedings that are not inconsistent with this opinion.

Matter of Guardianship of Edna A. Voyles (NFP) - "The Washington Superior Court appointed Connie Kniesly and Ronald Voyles guardians of the person and the estate of their mother, Edna Voyles (“Edna”). Edna’s children (“Claimants”) then filed a claim with the guardians for personal services rendered to Edna. The trial court denied the claim. The Claimants filed a motion to correct errors, which the trial court also denied. The Claimants appeal and present two issues which we consolidate and restate as whether the trial court abused its discretion when it determined that Edna did not make an implied or express contract with the Claimants for personal services and whether Edna could be bound by a contract entered into by her deceased husband."

Invol. Term. of Parent/Child Rel. of D.P., Gordon Turentine v. Marion Co. Dept. of Family and Children, and Child Advocates, Inc. (NFP) - "Based on the foregoing, we find that the evidence supports the trial court’s findings and ultimate conclusion that there is a reasonable probability that the conditions leading to the removal and continued placement of D.P. outside of Father’s care would not be remedied. Father’s arguments to the contrary amount to nothing more than an invitation to reweigh the evidence, and this we may not do."

NFP criminal opinions today (7):

Edward A. Hawkins v. State of Indiana (NFP)

Perry M. Scroggins v. State of Indiana (NFP)

Tony Harris v. State of Indiana (NFP)

Carl E. Cooper v. State of Indiana (NFP)

Kendrick Newsom v. State of Indiana (NFP)

Willie Poindexter v. State of Indiana (NFP)

Amy M. Carmony v. State of Indiana (NFP)

Posted by Marcia Oddi on February 13, 2008 01:59 PM
Posted to Ind. App.Ct. Decisions